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RES NO 08-04-1980 g -y -Iq� CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. y/- c- /7 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LOUIS GARR FOR LEASING PARKWAY SPACE FOR ADVERTISING REST BENCHES AND AUTHORIZING AND DIRECTING CITY CLERK TO ATTEST.SAME., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, the City authorizes and directs the Mayor to enter into a contract with Louis Garr and the City Clerk is authorized and directed to attest same. THAT, said contract is attached hereto and made a part hereof. THAT, this agreement shall be a non exclusive for a period of twenty (20) years, beginning August 18, 1980. PASSED AND APPROVED THIS 18th DAY OF August 19 80 1 Ast/C MAYOR ATTESTED:, TY CLERK- 'REASURER THIS AGREEMENT, made and.entered into as•of August 18', 1980, between the City of Van Buren,; Arkansas, organized and existing under the laws of-the State of Ar'-kansas,.hereinafter called Lessor, and Louis Garr, hereinafter called Lessee. NOW, THEREFORE, in exchange of. the mutual .covenants set forth herein, it is agreed as follows 1. Lessee have the privilege to erect, place and maintain benches on City parkways,. easements and property and to sell and place advertising matter and signs on such benches. 2. For the rights and privileges granted by the Lessor .to the Lessee, Lessee agrees to pay to the Lessor the sum of $50.00 br $5.00 per bench whichever is greater per year, payable in advance. 3. Bench legs shall be constructed of concrete. or material of such weight to prohibit easy movement. Bench.backs shall not exceed 72 inches in width by 37 inches in height.. The overall height of the bench shall not exceed 54 inches. Lessee shall maintain the bench at all times, keeping them in good state of repair, and will not permit. rubbish,'litter, or debris to accumulate in,'und•er'or 'around them. 4. Benches shall be placed on city parkways or easements, but shall not be placed on any location that will create a traffic hazard or create any other problems. The Mayor or his designated represen-, tative will be the sole judge as to what will constitute a traffic hazard or any other'problem. "5. -Lessee shall be responsible for disposing. of- any and all complaints or protests of adjoining; property owners, or other sons including the Mayor and designated agents', who object t� or protest the location of a particular bench. If necessary to dispose of any such complaint or protest, the lessee shall cause the bench in question to be removed. 6. Lessor reserves the right to cancel this agreement on ninety (90) days written notice to lessee. If the City of Van Buren should cancel this Agreement, the City agrees to refund a pro rata share of the advance rental for such calendar year paid by Louis Garr. In the event of this agreement being cancelled by either party, the City agrees and understands that the benches are property of the lessee and shall remain lessee's property. 7. This Agreement shall be a non exclusive agreement for a period of twenty (20) years beginning August 18, 1980. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF VAN BUREN /MA •R ATTEST:.- ITYCR k EASURER �U S GARR